Nageshwar Yadav @ Naga Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43957 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Nageshwar Yadav @ Naga Yadav, Son of Late Siya Yadav, Resident of Village- Banbhaura, P.S.- Bithan, District- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Kumar Singh For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-09-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Kusheshwar Asthan (Tilkeshwar O.P.) P.S. Case No. 25 of 2017 for the offences punishable under sections 341, 323, 386, 307, 504 and 504/34 of the I.P.C.

Allegedly, the petitioner and co-accused Babloo Yadav surrounded the husband of the informant, demanded money and co-accused Babloo Yadav fired from the country made pistol which hit in the stomach of her husband. On alarm being raised the villagers arrived and caught co-accused Babloo Yadav,

Patna High Court Cr.Misc. No.43957 of 2017 (2) dt.19-09-2017 2/2 whereas, the petitioner fled away.

Submission is of false implication and that the petitioner has been implicated due to enmity, Babloo Yadav has already been allowed bail and the case has been compromised, the petitioner has no criminal history and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that co-accused Babloo Yadav has been allowed regular bail vide B.P. No. 232 of 2017 and the allegation of firing is against co-accused Babloo Yadav.

In the facts and circumstances stated above, the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M, Biraul (Darbhanga) in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T